Administrative Rules of the State of Montana

BEFORE THE OFFICE OF PUBLIC INSTRUCTION

OF THE STATE OF MONTANA

In the matter of the adoption of New Rules I through VI pertaining to Montana Indian Language Preservation Grants

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NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION

TO: All Concerned Persons

1. On August 11, 2023, at 10:00 a.m., the Office of Public Instruction (OPI) will hold an in-person public hearing at the OPI building at 1300 11th Avenue, Helena, Montana, to consider the proposed adoption of the above-stated rules. Details about remote participation via the ZOOM meeting platform will be available prior to the hearing at https://opi.mt.gov/MILP.

2. OPI will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact OPI no later than 5:00 p.m. on August 4, 2023, to advise us of the nature of the accommodation that you need. Please contact Brenton Craggs, Office of Public Instruction, 1227 11th Avenue, Helena, Montana, 59601; telephone (406) 444-5882; fax (406) 444-2893; or e-mail [email protected].

3. The rules proposed to be adopted are as follows:

NEW RULE I ROLES (1) Within the Montana Indian Language Preservation (MILP) program, tribal governments receive MILP funds from the Office of Public Instruction (OPI) and designate the tribal education department, the tribal culture and language department, or the selected tribal entity, college, or language program to administer the grant objectives.

(2) Culture and language departments are unique in each tribal nation within Montana as most tribes have established a culture and language department in various forms within the college or tribal departments. Some tribes have established language immersion schools in their indigenous language. The MILP program can be facilitated by these various entities within the tribe at the discretion of the tribal government. The selected organization will opt into MILP and propose a language preservation plan, budget narrative, and outcomes as it pertains to the MILP program language through these guidelines and instituted through the Egrants system within the Office of Public Instruction overseen by the Language and Culture Specialist. The usage of the funds, and the development of their outcomes, will be monitored through the Egrants system and the OPI Language and Culture Specialist.

(3) Tribal governments may work with school districts as part of their language preservation efforts. Where there is an established partnership between tribes and school districts, language and culture specialists will adhere to the guidelines established by the tribe for the languages they oversee.

AUTH: 20-9-537, MCA

IMP: 20-9-537, MCA

NEW RULE II DEFINING INDIAN LANGUAGE FLUENCY (1) "Fluency" is:

(a) the flow in spoken or written language as perceived by the listener or reader, with the flow made possible by clarity of expression, the acceptable ordering of ideas, and the use of vocabulary and syntax appropriate to the context; or

(b) general mastery of spoken or written language, easy and accurate, with few mistakes, and the ability to contribute to diverse discussions.

(2) Fluency is determined by each tribe's language and culture department via oral exam to ensure that speakers are able to converse in a variety of contexts and purposes.

(3) Montana Indian language fluency can be rated according to the following scale:

(a) Beginning.

(i) No memorization.

(ii) Speaker needs help and support to understand or say anything.

(b) Simple Basics.

(i) Very limited usage, mostly memorized.

(ii) Speaker needs help and support to understand or speak basic sentences.

(i) Beginning mastery, which requires significant effort and results in many mistakes.

(ii) Speaker understands and can say simple sentences.

(d) Ready Equipped.

(i) General mastery with easy and accurate communication with few mistakes.

(ii) Speaker understands and can say simple sentences.

(e) Fluent.

(i) General mastery with easy and accurate communication with few mistakes.

(ii) Speaker understands and can contribute to diverse discussions.

(f) Expert.

(i) Advanced/native mastery, with regular and accurate use of words that have multiple meanings.

(ii) Speaker understands and can converse about anything.

(4) Progress regarding Indian language fluency for a tribe will be tracked according to the following scale:

(a) Level One: The tribe has fewer than 10 fluent language speakers, no culture or language department, a beginning curriculum level, a lack of resources in support of language, no tribal education department, and no class 7 standards have been established.

(b) Level Two: The tribe has 10 to 50 language speakers and class 7s within the tribe, a language and culture department established, a class 7 resolution and guidance in place, developed intermediate curriculum level, developed a tribal education department, and tribal fluency standards are in progress.

(c) Level Three: The tribe has 50 or more language speakers and class 7s, a language and cultures department, a tribal education department, curriculum, fluency standards in place, and class 7 process is expanding.

AUTH: 20-9-537, MCA

IMP: 20-9-537, MCA

NEW RULE III PROGRAM (1) The governing bodies of each of Montana's eight tribal nations or community entities may execute a contract with the Office of Public Instruction for the Montana Indian Language Preservation (MILP) program.

(2) Tribal governments must enter into a contract with the Office of Public Instruction no later than February 1, 2024.

(3) Production of language products and implementation of product objectives must be incorporated into the overall contract between each tribal government and the Office of Public Instruction.

(4) A tribal resolution or its equivalent may accompany the application authorizing application to the program for the specified project.

(5) Tribal governments may enter into an agreement with a subrecipient, or designee, to transfer the responsibilities of administering part or whole of the program only with the prior approval of the Office of Public Instruction before subrecipient activities are performed.

(6) Grantees will document the number of students with early learning providers, the number of schools, and the number of adult education offerings. Grantees will show a documented 10% or greater increase in outreach to language learners over two years.

(7) Funds may not be used to pay for any of the following activities or costs:

(a) operational or maintenance costs or expenses;

(b) financial expenses including, but not limited to, interest expense, bond issuance costs, or any other debt-related costs or expenses;

(c) projects receiving funding for the same services, equipment, or goods through any other local, state, or federal grant or other funding program, except as necessary to fully fund the project; and

(d) projects involving a casino or other gambling establishment, aquarium, zoo, golf course, swimming pool, or similar programs not directly related to Indian language preservation.

(8) Eligible uses of funds include:

(a) development of audio and visual recordings;

(b) creation of reference materials which may be audio, visual, electronic, and written format;

(d) language classes;

(e) publication of literature; or

(f) language programs, workshops, seminars, camps, and other presentations in formal and informal settings.

(9) Program funds will be equally distributed through a contract to each tribal government that successfully applies, and is approved, for the funds. If fewer than the eight recognized tribal governments successfully apply for the MILP funds, the remaining funds will be distributed equally among the tribal governments who successfully applied for the funds.

(10) Distribution of funds are governed by individual contracts between the Office of Public Instruction and each tribal government or community entity. The individual contracts must specify the method of distribution from the Office of Public Instruction to the tribal government, community entity, or its designee. Funds may be distributed directly to a designee if this is expressly noted in a subrecipient agreement and a designation of depository form is completed with account information.

(11) Tribal governments, community entities, or their designees must comply with applicable laws, rules, policies, and regulations concerning, but not limited to, human rights, civil rights, employment law, labor law, and contract law.

(12) The total administrative fee that may be charged to the grant by the grantee may not exceed 5% of the total grant award for administration of the contract.

(13) The total personnel budget (salary and fringe benefits) may not exceed 45% of the total grant award.

AUTH: 20-9-537, MCA

IMP: 20-9-537, MCA

NEW RULE IV PROPOSAL AND CONTRACTING TIMELINE (1) To be considered for MILP funding, tribal governments or community entities must submit their application by December 31 of the prior year through the Egrants online platform.

(2) Egrant applications must demonstrate how activities will meet the objectives of the program funding and the capacity of the organization to carry out the activities, including:

(a) a description of language and culture committees or any other groups involved;

(b) a description of the curriculum to be taught through courses, language programs, songs, and any other methods utilized to instruct future language speakers;

(c) a description of the role of language and culture specialists involved or otherwise partnering with the program participants;

(d) a description of any professional development activities provided through the program, including those which serve language and culture specialists;

(e) a designation of a tribal authorized representative to administer the program which must be a tribal education department or equivalent or, if the tribe does not have an education department, to another entity such as a tribal culture or language department or equivalent, including any resolution indicating partnerships with the tribes; and

(f) a program description which includes the following:

(i) an estimate of the current number of fluent speakers in the tribe;

(ii) plans to build multigenerational fluency through any plans to partner with early learning providers and adult education offerings; and

(iii) a proposed budget for the expenditure of funds received from MILP and any other funding sources.

(3) All language in program proposals are provided to, and approved by, the Office of Public Instruction.

(4) Each tribal government must execute a contract by February 1 of a year they are disbursed the funds. Project grantees are responsible for informing and assisting tribal or entity leadership and finance departments with obtaining signatures and required financial forms. Upon execution of the contract, tribal governments, community entities, or their designees may receive their first disbursement of funds.

(5) Any remaining funds that are unencumbered as of the first working day of January will revert to the successful applicants.

AUTH: 20-9-537, MCA

IMP: 20-9-537, MCA

NEW RULE V REPORTING (1) Reports are required to be submitted to the Office of Public Instruction by the tribal government, community entities, or their designees including partnering school districts. An annual report will be required for the program which includes a start-up assessment, midterm progress report, and final program closeout report. Additional reporting and touch points may be needed for projects not meeting projected activity dates and deliverables.

(2) Site visits may be made by the OPI staff that coincide with report due dates. Site visits may include an initial site visit, a midterm progress visit, a final preparation visit, or any combination of these.

(3) MILP reports from tribes are due by November 20 of each year that funding is received.

(4) Tribal governments, community entities, or their designees must submit written reports on:

(a) expenditures which compare budgets and expenses;

(b) overall program progress in relation to timelines and tangible goods;

(i) number of participants and speakers approaching fluency

(ii) leveraged resources which may include cash or in-kind services (office space, meeting space, vehicle use, pro bono representation, volunteer support, etc.); and

(d) administration and maintenance of long-term language preservation strategic plan.

(5) The Office of Public Instruction will report on the activities of MILP to the Legislature throughout the course of the program. These reports will include:

(a) the current MILP guidelines;

(b) a summary of the program activities of each participating tribal government; and

(6) Tribes may seek data from immersion schools, tribal colleges, community and virtual classes, and any other means that were impacted by the MILP funds.

(7) If a tribe chooses to partner with a local school district, a letter of commitment or memorandum of understanding from the school district should be submitted along with the application.

AUTH: 20-9-537, MCA

IMP: 20-9-537, MCA

NEW RULE VI ADMINISTRATIVE PROCEDURES AND REQUIREMENTS

(1) Recipients must use an accounting system that conforms to Generally Accepted Accounting Principles (GAAP), in accordance with 18-4-311, MCA.

(2) Payment for approved expenses under the contract will be paid in a single lump sum after receipt of the following required forms:

(a) W-9 Form;

(b) electronic deposit form;

(d) subrecipient agreement form, if funds are to be deposited directly with a designee; and

(e) expenditure and progress reports and any requested follow-up information submitted to and accepted as sufficient by the Office of Public Instruction.

(3) Any additional project payments for additional deliverables will be identified in amended contracts with the grantees.

(4) If unexpected funds have the potential of reverting to the general fund during the fourth quarter of the state's fiscal year, which begins April 1, the Office of Public Instruction may contract directly with an established subrecipient in an amount proportionate to the unexpended funds.

(5) Contracts that are funded are subject to disclosure, in response to requests received under provisions of the Montana Constitution (Article II, Section 9). Information that could reasonably be considered proprietary, privileged, or confidential in nature should be identified as such in the contract.

(6) In performing the work on the project, the grantee must comply with all applicable tribal, state, federal, and local laws, ordinances, and regulations, including any necessary cultural review, and obtain all permits, licenses, etc., required to perform the project. If the program funds are used in conjunction with funds from federal sources, compliance with additional federal regulations and laws may apply.

(7) The grantee must return to the Office of Public Instruction all funds that are determined by the Office of Public Instruction to have been spent in violation of the grant contract. In addition, any reports mentioned in this subchapter that have not been received by the Office of Public Instruction will result in the grantee being denied approval to receive funds for the following year. If the work or the project is determined to not have been performed or completed as contracted, the Office of Public Instruction reserves the right to declare a default on the contract and demand all funds of the contract be returned to the Office of Public Instruction.

(8) Any requested changes to the original scope of work or budget adjustments must be submitted in writing to the Office of Public Instruction. The Office of Public Instruction will determine if the request aligns with the program guidelines which includes all requirements noted in this rule.

AUTH: 20-9-537, MCA

IMP: 20-9-537, MCA

REASON: The proposed rules would establish standards for the Montana Indian Language Preservation program, as required by House Bill 287 (2023) which amended 20-9-537, MCA. These rules were developed in collaboration with tribal governments in Montana to satisfy the requirements of HB 287 while still remaining flexible to accommodate the individual language preservation needs of each tribe.

4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Brenton Craggs, Office of Public Instruction, 1227 11th Avenue, Helena, Montana, 59601; telephone (406) 444-5882; fax (406) 444-2893; or e-mail [email protected], and must be received no later than 5:00 p.m., August 18, 2023.

5. OPI maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list must make a written request that includes the name, email, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by email unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in paragraph 4 or may be made by completing a request form at any rules hearing held by OPI.

6. An electronic copy of this proposal notice is available through the Secretary of State's website at http://sosmt.gov/ARM/Register.

7. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by phone on July 11, 2023.

8. With regard to the requirements of 2-4-111, MCA, OPI has determined that the adoption of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Robert Stutz ______ /s/ Elsie Arntzen _______

Robert Stutz Elsie Arntzen

Rule Reviewer Superintendent of Public Instruction

Office of Public Instruction

Certified to the Secretary of State July 11, 2023.